Government Notice No.
263 of 2008
THE PUBLIC HEALTH ACT
Regulations made by the Minister under sections 193 and 194
of the Public Health Act
1. These regulations may be cited as the Public Health (Restrictions on
Tobacco Products) Regulations 2008.
2. In these regulations –
“advertise” –
(a) means to publicise any drawn, still or moving picture, sign, symbol,
trade mark, manufacturer’s name, logo, brand name, other
visual image or message or audible message;
(b) includes any commercial communication through media or by any
other means;
“child” means any person under the age of 18;
“cigar” includes cigarillo;
“green tobacco” has the same meaning as in the Tobacco Production and
Marketing Act;
“indoor area” means any space covered by roof or enclosed by one or
more walls, whether temporary or permanent;
“leaf tobacco” has the same meaning as in the Tobacco Production and
Marketing Act;
“manufactured tobacco” has the same meaning as in the Tobacco
Production and Marketing Act;
“package” –
(a) means any covering, wrapper, container or other enclosure that
contains a tobacco product, or cartons, containers or
other enclosures that contain tobacco products;
(b) includes any label and other written or graphic information on or in
it;
1
“promote” –
(a) means any act intended to or likely to encourage, directly or
indirectly, the purchase or use, or to create an awareness;
(b) includes the offer or supply of a tobacco product free of charge, at
a discounted price, as a prize, pursuant to a lottery or otherwise;
“public conveyance” means any means of transport carrying passengers
for hire or reward;
“public place” –
(a) means –
(i) an indoor area which is open to the public or any part of the
public;
(ii) a public conveyance;
(iii) a workplace, but excludes an area demarcated for that
purpose;
(b) includes a place specified in the First Schedule;
“smoke” means to inhale, exhale or handle an ignited or heated tobacco
product or a tobacco product producing emissions by any means;
“sponsorship” means any form of contribution to any event, activity
or individual with the aim, effect or likely effect of promoting a
tobacco product or tobacco use directly or indirectly;
“tobacco product” –
(a) means any cigarette, cigar or a product composed in whole or
in part of tobacco, including tobacco leaves or any extract of
tobacco leaves or any mixture containing tobacco;
(b) includes pipe tobacco, green tobacco, leaf tobacco, manufactured
tobacco, cigarette papers, tubes or filters; but
(c) excludes any product prescribed by a medical practitioner as a
nicotine replacement therapy;